


0 028 001 870 3 


59th Congress, 

1st Session. 


HOUSE OF REPRESENTATIVES. 


Report 
No. 5082. 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


June 29, 1906.—Referred to the House Calendar and ordered to be printed. 


K-S. Co 

Mr. Gaines, of West Virginia, from the^Committee on Election of 

President, Vice-President, and Representatives in Congress, sub¬ 
mitted the following 

REPORT. 

[To accompany H. R. 19515.] 

The Committee on Election of President, Vice-President, and Rep¬ 
resentatives in Congress, to whom was referred the bill (H. R. 19515) 
providing for publicity" in election contributions and expenditures, 
having considered the same, respectfully report it back to the House 
with the following amendments and with the recommendation that as 
so amended it do pass: 

On page 1, line 11, b}^ inserting a comma after the first word “for.” 

On page 2, line 1, by inserting a comma after the first word “for.” 

On page 3, in lines 11 and 12, by striking out the words “or law¬ 
fully may be voted for,” and the comma following the word “for,” in 
line 12, page 3. 

On page 5, line 24, b}^ striking out the word “one” and inserting in 
lieu thereof the word “ten,” and by striking out the word “dollar” 
and inserting the word “dollars” in lieu thereof. 

On page 6, at the end of section 8, by adding: 

Provided farther, That every such expenditure of money or its equivalent, or prom¬ 
ise to pay money or its equivalent, made within six days next preceding an election, 
shall be certified as herein provided the same day that it is made. 

The committee gave more than' ten meetings to the consideration 
of the general subject of publicity^ in election expenditures, and had 
also public hearings on the subject for two days. This bill is a develop¬ 
ment from two other bills on the same subject, namely, H. R. 11642 
(by Mr. McCall) and H. R. 19078 (by Mr. Rucker). 

In addition to the inherent difficulty of the subject, legislation upon 
the part of Congress is rendered still more difficult because of divergent 
views as to the power of the Federal Government, The power of Con¬ 
gress to deal with the subject is found in the first paragraph of section 
4 of article 1 of the Constitution, which is as follows: 

The times, places, and manner of holding elections ion Senators-and Rei*nqsei$a-;-. ; 
ti ves shall be prescribed in each State by the legislature-thereof but the poi^fes’s r;n\y; •* 7 
at any time by law make or alter such regulations, except ass* the places’of eh'oosing • 
Senators.. 






















2 


PUBLICITY OF ELECTION 


CONTRIBUTIONS. U 

The difficulty of Federal legislation in the matter of election expenses 
and the development of thought on that subject which took place in 
the committee are well illustrated by a general statement of the pro¬ 
visions of this bill and of the two other bills above referred to. The 
McCall bill sought to compel publicity of contributions made for the 
purpose of promoting the election or defeat in two or more States or 
Territories of the United States of candidates for the offices of Repre¬ 
sentative or Delegate to Congress and Presidential electors. Ihe terms 
of that bill are made applicable to a political committee having juris¬ 
diction in two or more States or Territories of the United States. Sec¬ 
tions 1 and 2 of that bill (H. R. 11642) show its scope or rather its 
limitations: 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled , That all contributions, payments, loans, advances, deposits, or 
promises of money or its equivalent, made or expended by any person, firm, associa¬ 
tion, or corporation for the purpose of aiding or promoting the election or defeat in 
two or more of the States or Territories of the United States of candidates for the 
offices of Representative or Delegate to the Congress of the United States or Pres¬ 
idential elector at any election at which Representatives or Delegates to the Congress 
of the United States shall be voted for, shall be made only to a chairman, treasurer, 
or member of a political committee, or to an agent duly authorized in writing by such 
committee to receive such contributions or promises. 

Sec. 2. That the term “political committee” under the provisions of this act shall 
apply to anv committee, association, or organization which shall in two or more of 
the States or Territories of the United States aid or promote the success or defeat of 
candidates for the.offices of Representative or Delegate to the Congress of the United 
States or Preside Hal elector at any election at which Representatives or Delegates 
to the Congress oi the United States shall be voted for, but nothing in this act con¬ 
tained shall apply to or in respect of any committee or organization for the discussion 
or advancement of political questions or principles without connection with any 
election. 


It is readily apparent that that bill, while it might have made neces¬ 
sary an evasion of its provisions, would not have compelled the making 
public of any contribution. It might have directed political contribu¬ 
tions away from Ihe national committees and national Congressional 
committees to State committees, district committees, and other smaller 
committees, but it would not have had any other important effect. 
Promising publicit}^, it would in no case have secured it; and while 
purporting to fix responsibility for campaign contributions and inci¬ 
dentally for campaign expenditures, it would merely have exalted the 
less responsible committees at the expense of those more responsible. 

So obvious was it that the McCall bill, so carefully drafted tb pre¬ 
serve its national character, was for that very reason too general in 
its terms to accomplish any useful purpose, that the senior minority 
member of the committee on the 5th day of May introduced H. R. 
19019, and on the 8th da}^ of May introduced a redraft of the same 
bill, H. R. 19078. The McCall bill had been introduced on danuary 
12. This bill (H. R. 19078) is made applicable to contriburkms to 
promote— \ 

the election or defeat of candidates for the office of Representative or Delegate in^he. 
Congress of the United States, or to be used or expended in connection with or at 
gny election at which candidates for the office of Representative or Delegate to the 
Congress of the United States shall be voted for; 


and to “any national committee of a political party, any national Con- 
gre^sioiwd campaign, committee, any State committee of a political 
; l)hrH/fi3irl # ^ny d4j>frfct; Congressional committee,” which should pro- 
' mote’ tile success* o*r d’efeat of any candidate for the office of Represent- 



PUBLICITY OF ELECTION CONTRIBUTIONS. 


3 


ative or Delegate in the Congress of the United States, or which 
should collect or disburse “ money or its equivalent at or in connec¬ 
tion with any general election at which candidates for said office shall 
be voted for.” 

The following are sections 1 and 2 of H. 1 i. 19078, the Rucker bill: 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled , That all contributions, payments, loans, gifts, advances, depos¬ 
its, or promises of money or its equivalent made cr expended by any person, firm, 
association, committee, or corporation for the purpose of aiding or promoting the 
election or defeat of candidates for the office of Representative or Delegate in the 
Congress of the United States, or to be used or expended in connection with or at 
any election at which candidates for the office of Representative or Delegate to the 
Congress of the United States shall be voted for, shall be made onlv to a chairman, 
treasurer, or member of a political committee, or to an agent duly authorized in 
writing by such committee to receive such contributions or promises. 

Sec. 2. That the term “political committee” as used in this act is hereby defined 
to mean any national committee of a political party, any national Congressional 
campaign committee, any State committee of a political party, and any district Con- 

§ ressional committee, which shall aid or promote the success or defeat of any candi- 
ate or candidates for the office of Representative or Delegate in the Congress^of the 
United States or which shall receive or collect, expend, disburse, or distribute money 
or its equivalent at, or in connection with, any general election at which candidates 
for said office shall be voted for; but nothing in this act contained shall apply to any 
committee or association organized solely to promote the discussion or advancement 
of political questions or principles and not connected with any such election. 

The majority of your committee were surprised at the extent to 
which H. R. 19078 conceded the power of the Federal Government to 
deal with elections. They had become convinced (as the introduction 
of II. R. 19078 shows the whole committee had become convinced) of 
the futility of H. R. 11612. The majority had thought that the 
minority were not only sensitive upon the subject of Federal election 
law, but had mistakenly supposed that the minority would not concede 
that the Federal Government had any jurisdiction to control contri¬ 
butions to State committees, and the collection and expenditure of all 
money “ to be used or expended in connection with or at any election 
at which candidates for the office of Representative or Delegate to the 
Congress of the United States shall be voted for.” Clearly, this con¬ 
cedes the full power of the Federal Government to deal with the sub¬ 
ject; and equally clearly it asserts the propriety of the present full 
exercise of those powers. 

After careful consideration of this bill the chairman of the com¬ 
mittee was directed to prepare and introduce a bill which in its pro¬ 
visions should go far enough actually to compel publicity in the 
contribution and expenditure of money or its equivalent, affecting 
elections at which Representatives and Delegates to the Congress of 
the United States are voted for, and which should also require pub¬ 
licity in the contribution and expenditure of money to affect Congres¬ 
sional nominations. Accordingly, on May 21, the chairman introduced 
H. R. 19515. That bill is made applicable to committees and contri¬ 
butions to secure— 

the success or defeat of any candidate or person voted for for any office, whether 
national, State, or municipal, at any election at which a Representative in or Dele¬ 
gate to the Congress of the United States is by law to be voted for. 

It is also applicable, as is above indicated, to contributions and 
expenditures made for the purpose of affecting Congressional nom¬ 
inations. The details of the bill can be as well studied from the bill 
itself as from any attempt at its analysis. For the information of 



4 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


members, therefore, the Gaines bill (H. R. 19515), with committee 
amendments indicated, is printed with this report; and for the purpose 
of comparison the Rucker and McCall bills are also printed as part of 
this report. 

It is believed that a careful consideration of the bill which your 
committee reports will lead to the same development of views upon 
the part of members of the House generally which has taken place in 
the committee. It is manifestly absurd to demand of Congress com¬ 
plete relief without conceding to Congress plenary power to deal with 
the subject-matter. To require publicity of contributions made to 
national committees merely might shift the contributions away from 
national committees to other political committees, but would neither 
prevent any contribution nor cause anv to be made public. To extend 
the exercise of Federal jurisdiction to contributions made to State 
committees admits the futility of the first proposition without proposing 
a single remedy. In fact, both propositions might be called bills to 
increase the importance and availability of those political committees 
which are least responsible and to which the least publicity, as a matter 
of fact, attaches, so that such propositions would lessen rather than 
promote publicity in campaign contributions and expenditures. 

The right to make or alter State regulations relative to elections for 
Representatives is explicit in the Constitution and has been repeatedly 
upheld by the Supreme Court. 

The proposed bill does not attempt to prevent contributions to elec¬ 
tion expenses nor the expenditure of money in connection with elec¬ 
tions except where publicity would be preventive, but seeks merely to 
give publicity both to contributions and their disbursement. The 
members of your committee are as well aware as others that the publi¬ 
cation and distribution of campaign 44 literature,” organization and 
holding of political meetings, and man}' other laudable objects require 
the contribution and expenditure of money in connection with 
elections. 

In fact, the great debates which take place among the American 
people ever}' two years, and particularly every four years, are 
undoubtedly of great educational value and necessary to keep alive 
that universal interest in the Government which is essential among 
people who govern themselves. But your committee are convinced 
that both the intelligence and the conscience of those in politics and 
those out of politics are becoming educated to the belief that only 
those contributions should be received by political committees and 
candidates and only those expenditures made which can bear the 
light of open day. It is submitted that with a debauched electorate 
our system of government is a failure, and places which should carry 
with them great honor and distinction would become rather badges of 
dishonor. 

Your committee believe that the very great majority of American 
electors are incorruptible, and that no honest American voter should 
be subjected to the humiliation and annoyance of having his vote offset 
by a purchased one. Not only holding an elective office, but managing 
party affairs is an honorable distinction. Purifying our elections will 
make this fact universally conceded. Party organizations and persons 
elected to office should be free from dishonorable obligations. Every 
person elected to Congress should be known to be, as they almost 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


5 


always are, bound by no other obligations than those created by the 
oath of office, and by individual honor, intellect, and conscience. It 
is suggested that there never was a time when it was more necessary 
than now, for the protection of the reputation of Members of Con¬ 
gress, that they should be known to be free from other obligations. 


Introduced by Mr. Game*, of West Virginia. 

[H. R. 19515, Fifty-ninth Congress, first session.] 

[Omit the parts in brackets and insert the part printed in italics.] 

A BILL Providing for publicity in election expenditures. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the term “political committee” under the provisions of 
this act shall apply to any committee,association, or organization which shall aid or 
promote the success or defeat of any person who shall be a candidate for the office 
of Representative in or Delegate to the Congress of the United States at any election 
or who shall be voted for at such election; and to any committee, association, or 
organization which shall aid or promote the success or defeat of any person who shall 
be a candidate or shall be voted for, for the office of elector for President and Vice- 
President of the United States; and shall apply to any committee, organization, or 
association which shall aid or promote the success or defeat of any candidate or per¬ 
son voted for, for any office, whether national, State, or municipal, at any election 
at which a Representative in or Delegate to the Congress of the United States is by 
law to be voted for. 

The term “personal committee” under the provisions of this act shall apply to 
any committee, association, or organization which shall aid or promote the success 
or defeat of any person seeking a nomination as a candidate for the office of Repre¬ 
sentative in or Delegate to the Congress of the United States. 

Sec. 2. That all contributions, payments, loans, advances, deposits, or promises of 
money or its equivalent made or expended by any person, firm, association, or cor¬ 
poration for the purpose of influencing or attempting to influence the election or 
defeat of any candidate or person voted for for the office of Representative in or 
Delegate to the Congress of the United States shall be made only to a chairman, 
treasurer, or member of a political committee, or to an agent duly authorized in 
writing by such committee to receive such contributions or promises. 

Sec. 3. That all contributions, payments, loans, advances, deposits, promises of 
money or its equivalent made or expended by any person, firm, association, or cor¬ 
poration for the purpose of influencing the election or defeat of any candidate for the 
office of elector for President and Vice-President of the L T nited States shall be made 
only to a chairman, treasurer, or member of a political committee, or to an agent 
duly authorized in writing by such a committee to receive such contributions or 
promises. 

Sec. 4. That all contributions, payments, loans, advances, deposits, or promises of 
monev or its equivalent made or expended by any person, firm, association, or cor¬ 
poration for the purpose of influencing the election or defeat of any candidate for 
any office or person voted for for any office at any election at which Representatives 
in or Delegates to the Congress of the United States are voted for, or lawfully may 
be voted for, shall be made only to a chairman, treasurer, or member of a political 
committee, or to an agent duly authorized in writing by such a committee to receive 
such contributions or promises. 

Sec. 5. That all contributions, payments, loans, advances, deposits, or promises of 
money or its equivalent made or expended by any person, firm, association, or cor¬ 
poration for the purpose of influencing the nomination or defeat of anv person seek¬ 
ing a nomination as a candidate for the office of Representative in or Delegate to the 
Congress of the United States shall be made only to a chairman, treasurer, or mem¬ 
ber of a personal committee, or to an agent duly authorized in writing by such a 
committee or by the person so seeking such nomination to receive such contribu¬ 
tions or promises. 

Sec. 6 . That a candidate for election to any office to be voted for at any election at 
which a Representative in or Delegate to the Congress of the United States is to be 



6 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


elected, and any other person, including those seeking Congressional nominations, 
may, without making an accounting, as in this act provided, incur and pay in con¬ 
nection with any such election or nomination his own personal expenses for traveling 
and subsistence; for writing, printing, preparing, and circulating any letter, circular, 
or other publication whereby he may state his position or views upon public or other 
questions; for stationery and postage, and for telegraph, telephone, and other public 
service; but all such expenses shall be limited to those which are directly incurred 
and paid by him. 

Sec. 7. That every political committee and personal committee coming within the 
provisions of this act shall have a treasurer and shall cause him to keep detailed 
accounts of all money or its equivalent received by or promised to the committee or 
any member thereof, or by or to any person acting under its authority or in its behalf, 
and of all expenditures, disbursements, and promises of payment or disbursement 
made by the committee or any member thereof, or by any person acting under its 
authority or in its behalf. No person shall act as such treasurer nor as the agent of 
any candidate for any office to be voted for at any election at which a Representative 
in or a Delegate to the Congress of the United States is by law to be voted for unless 
and until he shall have tiled with the clerk of the United States district court for the 
district in which he lives a statement signed by the chairman and secretary of the 
committee, whose treasurer he is, or by a candidate, w'hose agent he is, setting out 
the jurisdiction of the political committee or the territorial extent and general scope 
of the authority, if he be the agent of a candidate. No person acting under the 
authority or in behalf of any such committee shall receive any money or its equiva¬ 
lent, or expend or disburse the same, or make any promise to expend or disburse 
the same until the committee shall have chosen a treasurer and he shall have com¬ 
plied with the provisions of this section; and no agent of a candidate or of any per¬ 
son seeking a Congressional nomination shall receive any money or its equivalent, or 
expend or disburse the same, or make any promise to expend or disburse the same, 
or any part thereof, until he shall have complied with the provision of this section. 

Sec. 8. That every payment or promise thereof required to be accounted for by 
the provisions of this Act shall, unless the total expense paid or promised to be paid 
to any one person is less than [one dollar] tea dollars, be vouched for by a receipted 
bill stating the particulars of expenditure or promise to pay or expend money or its 
equivalent; and no such voucher, receipt, or account hereby required shall be 
destroyed until twelve months after the election to which it relates, but every such 
voucher, receipt, or account shall be preserved for twelve months after the election 
to which it relates; and every such expenditure of money or its equivalent, or 
promise to pay money or its equivalent, shall, within three days after such expendi¬ 
ture has been made, be certified by the person so making the same to a clerk of a 
United States court in and for the district in which such person resides: Provided , 
however , That no such expenditure or promise shall be made within three days of 
an election: Provided further, That every such expenditure of money or Us equivalent , or 
promise to pay money or its equivalent, made within six days next preceding an election, 
shall he certified as herein provided the same day that it is made. 

Sec. 9. That whoever, acting under the authority or in behalf of such political com¬ 
mittee or personal committee as treasurer or agent thereof, whether as a member 
thereof or otherwise, or as the agent of any candidate, or as the agent of any person 
seeking a Congressional nomination, receives any contribution, payment, loan, advance, 
deposit, or promise shall certify the same, if the amount thereof be over fifty dollars, 
in writing over his own signature to the clerk of the United States court for the dis¬ 
trict wherein he re sides. All certifications to a clerk of the United States court as 
required by this act shall be a part of the public record of such clerk’s office and open 
to inspection in the same manner as other records at his office. 

Sec. 10. That no person, firm, corporation, association, or committee shall, directly 
or indirectly, whether through another person or in any manner whatsoever, make 
a payment or promise of payment coming within the provisions of this act in any 
name except his or its own, nor shall any person or persons knowingly receive a 
payment or promise of payment in another name than that of the person or persons, 
firm, corporation, association, or committee by whom it is made. 

Sec. 11. That any district court or circuit court of the United States, or any judge 
of any district or circuit court of the United States, may, by order, which such court 
or judge is hereby authorized to make, compel any person or committee who fails to 
file any statement herein required, or who fib s a statement which does not conform 
to the foregoing requirements in respect to its truth, sufficiency in detail, or other¬ 
wise, or who fails to comply with any other of the requirements or provisions of this 
act, to file a sufficient statement or to otherwise comply with the provisions of this 
act, upon the application of the Attorney-General, or of a district attorney of the 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


7 


United States, or upon the petition of any candidate for the office of Representative 
in or Delegate to the Congress of the United States voted for at such election or any 
ten persons qualified to vote at such election. Such application or petition shall set 
forth, upon information and belief, stating the grounds thereof, or upon the personal 
knowledge of any such applicant or petitioner, any failure or failures, or any act or 
acts tending to show any failure or failures, to comply with any of the provisions of 
this act, which may be alleged in such application or petition, and shall be filed 
within ninety days after the election in respect to which tne allegations of such appli¬ 
cation or petition may relate. 

Sec. 12. That proceedings under this act shall be advanced upon the request of 
either party for speedy hearing and determination, and no proceeding had pursuant 
to any application or petition under this act shall be discontinued without the con¬ 
sent of the Attorney-General or of a district attorney within the territorial jurisdic¬ 
tion of the judge or court to whom the application or petition shall be made. 

Sec. 13. That any district court or circuit court of tne United States, or any judge 
of the district or circuit courts of the United States may, upon the filing of a peti¬ 
tion, and if with any such petition there be filed with such court or judge an under¬ 
taking in the sum of one thousand dollars, with sureties satisfactory to such court or 
judge, conditioned to pay all costs which may be adjudged against such applicant or 
petitioners in such proceedings, not exceeding said sum of one thousand dollars, as 
to such court or judge may seem proper in the premises, such court or judge must 
forthwith hold a summary inquest to inquire into such violations of or failures to 
comply with the provisions of this Act as may be alleged in any such petition, or 
into any other facts and circumstances relative to any such election, and to any con¬ 
tributions or expenditures made in connection therewith, the inquiry into which 
such court or judge may deem necessary to secure compliance with the provisions of 
this Act and the fullest publicity in connection with such contributions and expendi¬ 
tures. 

Sec. 14. That any court or judge holding such inquest may issue subpoenas for wit¬ 
nesses, who shall be allowed the same fees, whose attendance may be enforced in the 
same manner, and who shall be subject to the same penalties as if served with a sub¬ 
poena in behalf of the United States in a criminal prosecution l>efore such court or 
judge. 

Sec. 15. That the Attorney-General, the district attorney, or some person desig¬ 
nated by either, or by such court or judge, shall attepd the inquest and examine the 
witnesses. Such court or judge shall also have power by a subpmna duces tecum to 
compel the production before him for examination of any books or papers of any 
kind or of any other thing which he may require in the conduct of such inquiry. 
Such court or judge shall, in addition to any power which may be conferred by any 
other of the provisions of this act, have power to cause any person who shall neg¬ 
lect or refuse to appear before him as a witness, having been duly summoned, to be 
brought before it or him; and any person in attendance as a witness who shall refuse 
to be sworn a witness, or who, being sworn, shall refuse to answer any proper ques¬ 
tion propounded to him, and any person who, having been duly summoned, shall 
neglect or refuse to appear before such court or judge mav be adjudged guilty of con¬ 
tempt and may be fined not more than one thousand dollars or imprisoned not more 
than thirty days, or both. 

Sec. 16. That no person who is called to testify in any proceeding or inquest held 
under the provisions of this act shall be liable to criminal prosecution under this 
act, or otherwise, for any matters or causes in respect to which he shall be examined 
or to which his testimony shall be received against him upon any criminal investi¬ 
gation or proceeding except in a proceeding against such witness for perjury com¬ 
mitted in such testimony. 

Sec. 17. That the court or judge holding such inquest may in the conduct thereof 
employ a competent stenographer to take down the examination of any witness or 
witnesses, and to cause the stenographic notes of such examination to be transcribed 
and furnished, together with his findings, if any such there be, to any proper prose¬ 
cuting officer having jurisdiction of the subject-matter of such inquiry, and such 
court or judge shall have power to tax double the amount of such costs as may be 
taxed in equity against any such petitioner or petitioners if he shall find that the 
allegations in any such petition are materially untrue, and that such petition was 
brought from vexatious or malicious motives. 

Sec. 18. That nothing contained in this act shall limit or affect the right of any 
person to spend money for proper legal expenses in maintaining or contesting the 
results of any such election. 

Sec. 19. That every person who shall, violate any provision of this act and every 
officer or agent of any corporation, as.-ociation, or organization who shall knowingly 



8 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


violate any provision of this act shall be guilty of a misdemeanor and upon convic¬ 
tion thereof in any district or circuit court of the United States shall be punished by 
imprisonment for not more than one year or by a fine not exceeding five thousand 
dollars, or both, at the discretion of the court; but no prosecution shall be had under 
this act unless begun within twelve months after the commission of the offense. 


Introduced by Mr. Rucker. 

[H. R. 19078, Fifty-ninth Congress, first session.] 

A BILL Requiring and providing for publicity of all contributions hereafter made to political com¬ 
mittees to aid or promote the success or deieat of candidates for the office of Representative in or 
Delegate to the Congress of the United States or to be used at or in connection with any general 
election at which such candidates are to be voted for. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled , That all contributions, payments, loans, gifts, advances, 
deposits, or promises of money or its equivalent made or expended by any person, 
firm, association, committee, or corporation for the purpose of aiding or promoting 
the election or defeat of candidates for the office of Representative or Delegate in 
the Congress of the United States, or to be used or expended in connection with or 
at any election at which candidates for the office of Representative or Delegate to the 
Congress of the United States shall be voted for, shall lie made only to a chairman, 
treasurer, or member of a political committee, or to an agent duly authorized in writ¬ 
ing by such committee to receive such contributions or promises. 

Sec. 2. That the term “political committee” as used in this act is hereby defined 
to mean any national committee of a political party, any national Congressional cam¬ 
paign committee, any State committee of a political party, and any district Congres¬ 
sional committee, wnich shall aid or promote the success or defeat of any candidate 
or candidates for the office of Representative or Delegate in the Congress of the 
United States or which shall receive or collect, expend, disburse, or distribute money 
or its equivalent at, or in connection with, any general election at which candidates 
for said office shall be voted for; but nothing in this act contained shall apply to 
any committee or association Organized solely to promote the discussion or advance¬ 
ment of political questions or principals and not connected with any such election. 

Sec. 3. That a candidate for election to the office of Representative or Delegate in 
the Congress of the United States, at any election at which candidates for the office 
of Representative or Delegate to the Congress of the United States shall be voted for, 
and any other person, may, without making an accounting to a political committee, 
as in this act provided, incur and pay in connection with such election his own per¬ 
sonal expenses for traveling, and for purposes incidental to traveling; for writing, 
printing, preparing, and circulating any letter, circular, or other publication whereby 
he may state his position or views upon public or other questions; for stationery and 
postage, and for telegraph, telephone, and other public service, but all such expenses 
shall be limited to those which are directly incurred and paid by him. 

Sec. 4. That every political committee, as defined in this act, shall have a chair¬ 
man and treasurer. It shall be the duty of the treasurer to keep a detailed and exact 
account of all money or its equivalent received by or promised to such committee or 
any member thereof, or by or to any person acting under its authority or in its 
behalf, and of all expenditures, disbursements, and promises of payment or disburse¬ 
ment made by the committee or any member thereof or by any person acting under 
its authority or in its behalf. No officer or member of such committee or other per¬ 
son acting under its authority or in its behalf shall receive any money or its equiva¬ 
lent, or expend or promise to expend any money on behalf of such committee, until 
after a chairman and treasurer of such committee shall have been chosen. 

Sec. 5. That every payment required to be accounted for by the provisions of this 
act shall, unless the total expense payable to any one person is less than five dol¬ 
lars, be vouched for by a receipted bill stating the particulars of expense, and every 
record, voucher, receipt, or account required by any provision of this act shall be 
preserved for fifteen months after the election to which it relates. 

Sec. 6. That whoever, acting under the authority or in behalf of such political 
committee, whether as a member thereof or otherwise, receives any contribution, 
payment, loan, gift, advance, deposit, or promise of money or its equivalent, shall on 
demand, and in any event within fourteen days after the receipt of any such contri¬ 
bution, payment, loan, gift, advance, deposit, or promise, give to the treasurer of 
such political committee a detailed account of the same, together with the name and 
address from whom received, and said treasurer shall forthwith enter the same in a 
ledger or record to be by him kept for that purpose. 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


9 


Sec. 7. That no political committee, as herein defined, nor any officer or member 
of such committee or other person authorized by and acting for or on account of 
such committee, shall take or receive any contribution, payment, loan, gift, advance, 
deposit, or promise of money or its equivalent from any person, firm, association, 
committee, organization, or corporation within thirty days next preceding the date 
of the November general election at which candidates for the office of Representa¬ 
tive or Delegate in the Congress of the United States are to be elected: Provided , 
That in States where the date of the general election at which such candidates are 
voted for is other than in November, the political committees within such States 
shall receive no such contributions within thirty days next preceding the date of 
such election in such State. 

Sec. 8. That the chairman and treasurer of every such political committee w’hich, 
or the officers, agents, or members of which, shall receive, expend, or disburse any 
money or its equivalent, or incur any liability to pay money, in connection with 
any election at which candidates for the office of Representative or Delegate in the 
Congress of the United States shall be voted for, where the receipts of such political 
committee from all sources shall exceed the aggregate sum of one thousand dollars, 
shall make publicity of all receipts and disbursements, in the manner following: 
The national committee of each political party and the national Congressional cam¬ 
paign committee of each political party, within thirty days and not less than twenty 
days next preceding the November general election, and the State committee of each 
political party and the district Congressional committee of each party, within thirty 
and not less than twenty days next preceding the date fixed by law in their respec¬ 
tive States for holding the general election at which candidates for the office of Rep¬ 
resentative or Delegate in the Congress of the United States are to be voted for, shall 
severally make and publish in a newspaper of general circulation published in the 
town or city where the treasurer of such committee maintains or keeps his office, or, 
if he has no office, then in the town or city where he resides, or, if no paper is pub¬ 
lished in such town or city, then in such paper published nearest the office or resi¬ 
dence of such treasurer, a full, true, and complete statement, signed and sworn to 
by the chairman and treasurer of such committee, setting out separately all contri¬ 
butions, receipts, payments, loans, gifts, deposits, pledges or promises of money, or 
its equivalent, made to such committee, or to any officer or member thereof or any 
other person for or on account of such committee, and of all disbursements and 
liabilities of the committee and of every officer, member, or other person acting 
under its authority or in its behalf, which statement shall include the amount 
in each case received, the name and address of the person, firm, corporation, 
association, organization, or committee from whom received, the date of its 
receipt, the amount of every payment or promise of payment, contribution, 
gift, donation, advance, loan, expenditure, or disbursement made by such com¬ 
mittee or by any member thereof, or other person acting for such committee, 
together with the name and address of the person, firm, association, organiza¬ 
tion, or committee to whom it was paid, and the date thereof, and unless such 
expenditure or disbursement was made to another political committee required by 
law to file a statement of its receipts and expenditures, it shall state clearly the 
purpose of such expenditure or disbursement, also the date and amount of every 
existing promise or liability both to and from such committee remaining unfulfilled 
and in force when the statement is made, the name of the person or committee to or 
from whom the unfulfilled promise or liability exists, and a clear statement of the 
purpose for which the promise or liability was made or incurred. And, in addition' 
to the publication in a newspaper herein required, every political committee, as this 
term is defined herein whose total receipts from all sources shall exceed the aggre¬ 
gate sum of one thousand dollars, shall render a full, true, and complete statement, 
including and embracing the statement herein required to be published in a news¬ 
paper, showing each item of expenditure, payment, or promise or obligation to pay, 
disbursement, contribution, distribution, gift, donation, advance or loan, made by 
such committee or by any member thereof, or other person acting for such committee 
prior to such election, the date of same, and the name and address of each person, 
firm, committee, association, or organization receiving the same, as fully as the same 
is required to be published, which statement shall be signed and sworn to by the 
chairman and treasurer of such committee, and filed with the Clerk of the House of 
Representatives of the Congress of the United States within thirty days next after 
the November general election at which candidates for the office of Representative 
or Delegate in Congress of the United States were voted for, and said Clerk shall 
carefully preserve said statements for at least fifteen months after the election to 
which they relate, and shall at all times permit public inspection of them. 

It shall be the duty of the Clerk of the House of Representatives to provide and 



10 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


to furnish, upon application therefor, blank forms suitableVfor the statements herein 
required to be published and those required to be tiled with him. 

Sec. 9. That no person, firm, corporation, association, organization, or committee 
shall, directly or indirectly, in any manner whatsoever, make a payment or promise 
of payment, gift, donation, contribution, advance, or loan, to any such political 
committee, or to any person or persons acting under its authority or in its behalf, in 
any name except his or its own, nor shall such committee or any member thereof, 
or other person or persons acting in its behalf, knowingly receive a payment or 
promise of payment, or knowingly enter or cause the same to be entered in the 
accounts or records of such committee in any name other than the true name and 
address of the person or persons, firm, corporation, association, organization, or 
committee by whom it is made. 

Sec. 10. That any district court or circuit court of the United States, or any judge 
of any district or circuit court of the United States, may, by order, which such court 
or judge is hereby authorized to make, compel any person or committee who fails to 
file a statement as above required, or who files a statement which does not conform 
to the foregoing requirements in respect to its truth, sufficiency in detail, or other¬ 
wise, or who fails to comply with any other of the requirements or provisions of this 
act, to file a sufficient statement or to otherwise comply’with the provisions of this 
act, upon the application of the Attorney-General, or of a district attorney of the 
United States, or upon the petition of any candidate for the office of Representative 
in or Delegate to the Congress of the United States voted for at such election, or any 
ten persons quafified to vote at such election. Such application or petition shall set 
forth, upon information and belief, stating the grounds thereof, or upon the personal 
knowledge of any such applicant or petitioner, any failure or failures, or any act or 
acts tending to show any failure or failures, to comply with any of the provisions of 
this act, which may be alleged in such application or petition, and shall be filed within 
ninety days after the election in respect to which the allegations of such application 
or petition may relate. 

Sec. 11. That proceedings under this act shall be advanced upon the request of 
either party for speedy hearing and determination, and no proceeding had pursuant 
to any application or petition under this act shall be discontinued without the con¬ 
sent of the Attorney-General or of a district attorney within the territorial jurisdic¬ 
tion of the judge or court to whom the application or petition shall be made. 

Sec. 12. That any district court or circuit court of the United States, or any judge 
of the district or circuit courts of the United States, may, upon the filing of a peti¬ 
tion, and if with any such petition there be filed with such court or judge an under¬ 
taking in the sum of one thousand dollars, with sureties satisfactory to such court or 
judge, conditioned to pay all costs which may be adjudged against such applicant or 
petitioners in such proceedings, not exceeding said sum of one thousand dollars, as 
to such court or judge may seem proper in the premises, such court or judge must 
forthwith hold a summary inquest to inquire into such violations of or failures to 
comply with the provisions of this act as may be alleged in any such petition, or 
into any other facts and circumstances relative to any such election, and to any con¬ 
tributions or expenditures made in connection therewith, the inquiry into which 
such court or judge may deem necessary to secure compliance with the provisions 
of this act and the fullest publicity in connection with such contributions and 
expenditures. 

Sec. 1.1, That any court or judge holding such inquest may issue subpoenas for 
witnesses, who shall be allowed the same fees, whose attendance may be enforced in 
the same planner and who shall be subject to the same penalties as if served with a 
subpoena in behalf of the United States in a criminal prosecution before such court 
or judge. 


Sec. 14. That the Attorney-General, the district attorney, or some person desig- 
nated by either, or by such court or judge, shall attend the inejuent and examine the 
witnesses. Such court or judge shall also have power by a subpoena duces tecum to 
compel the production before him for examination of any books or papers of any 
kind or of any other thing which he may require in the conduct of such inquiry 
Such court or judge shall, in addition to any power which may be conferred by any 
other of the provisions of this act, have power to cause any person who shall neglect 
or refuse to appear before him as a witness, having been duly summoned, to be 
brought before it or him; and any person in attendance as a witness who shall refuse 
to be sworn as a witness, or who, being sworn, shall refuse to answer any proper 
question propounded to him, and any person who, having been duly summoned, 
shall neglect or refuse to appear before such court or judge, may be adjudged guiltv 
of contempt, and may be lined not more than one thousand dollars or imprisoned 
not more than thirty days, or both. 1 



PUBLICITY OF ELECTION CONTRIBUTIONS. 


11 


Sec. 15. That no person who is called to testify in any proceeding or inquest held 
under the provisions of this act shall be liable to criminal prosecution under this 
act or otherwise for any matters or causes in respect to which he shall be examined 
or to which his testimony shall relate, and no testimony so given or produced by 
him shall be received against him upon any criminal investigation or proceeding 
except in a proceeding against such witness for perjury committed in such testimony. 

Sec. 16. That the court or judge holding such inquest may in the conduct thereof 
employ a competent stenographer to take down the examination of any witness or 
witnesses, and to cause the stenographic notes of such examination to be transcribed 
and furnished, together with its findings, if any such there be, to any proper prose¬ 
cuting officer having jurisdiction of the subject-matter of such inquiry, and such 
court or judge shall have power to tax double the amount of such costs as may be 
taxed in equity against any such petitioner or petitioners if he shall find that the 
allegations in any such petition are materially untrue, and that such petition was 
brought from vexatious or malicious motives. 

Sec. 17. That nothing contained in this act shall limit or affect the right of any 
person to spend money for proper legal expenses in maintaining or contesting the 
results of any such election. 

Sec. 18. That every person and the officers and agents of every corporation, asso¬ 
ciation, or organization, and the chairman and treasurer of every political commit¬ 
tee, as defined herein, who shall make or receive anv contribution, payment, loan, 
gift, advance, deposit, or promise of money or its equivalent, or who shall expend, 
distribute, disburse, pay, or contract or promise to pay any sum of money or its 
equivalent, to be used at or in connection with any election at which a candidate or 
candidates for the office of Representative in or Delegate to the Congress of the 
United States shall be elected, in violation of any of the provisions of this act, or who 
shall fail or refuse to publish and file w ithin the time required the statements herein 
required to be published and filed, or to account accurately to any treasurer of such 
political committee, as required by this act, or wdio shall willfully violate the pro¬ 
vision of this act, shall be deemed guilty of a misdemeanor and on conviction 
thereof in any district or circuit court of the United States having jurisdiction in the 
State where such offense charged is alleged to have beeq committed shall be pun¬ 
ished by a fine of not exceeding one thousand dollars or by imprisonment not ex¬ 
ceeding one year, or by both such fine and imprisonment, for the first offense, and 
by fine not exceeding five thousand dollars or by imprisonment not exceeding five 
years, or by both such fine and imprisonment, for the second offense, at the discretion 
of the court. 

Sec. 19. That the district and circuit courts of the United States in any district in 
which any violation of this act is committed are hereby given jurisdiction over 
suce offenses. 


Introduced by Mr. McCall. 

[H. R. 11642, Fifty-ninth Congress, first session.] 

A BILL Providing that all contributions hereafter made to political committees engaged in pro¬ 
moting the election of Representatives or Delegates to the Congress of the United States or of Pres¬ 
idential electors at any election fit which such Representatives or Delegates shall be voted for 
shall.be reported by such committees to the Clerk of the House of Representatives of the Congress 
of the United States, and for other purposes. 

Be it enacted by the Semite and House of Representatives of the United States of America 
in Congress assembled , That all contributions, payments, loans, advances, deposits, or 
promises of money or its equivalent, made or expended by any person, firm, asso¬ 
ciation, or corporation for the purpose of aiding or promoting the election or defeat 
in two or more of the States or Territories of the United States of candidates for the 
offices of Representative or Delegate to the Congress of the United States or Presi¬ 
dential elector at any election at which Representatives or Delegates to the Congress 
of the United States shall be voted for, shall be made only to a chairman, treasurer, 
or member of a political committee, or to an agent duly authorized in writing by 
such committee to receive such contributions or promises. 

Sec. 2. That the term “ political committee” under the provisions of this act shall 
apply to any committee, association, or organization which shall in two or more of 
the States or Territories of the United States aid or promote the success or defeat of 
candidates for the offices of Representative or Delegate to the Congress of the United 
States or Presidential elector at any election at which Representatives or Delegates 
to the Congress of the United States shall be voted for, but nothing in this act con¬ 
tained shall apply to or in respectof any committee or organization for the discussion 
or advancement of political questions or principles without connection with any 
election. 



12 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


Sec. 3. That a candidate for election to the office of Representative or Delegate to 
the Congress of the United States or Presidential elector at any election at which 
Representatives or Delegates to the Congress of the United States shall be voted for, 
and any other person, may, without making an accounting to a political committee 
as in this act provided, incur and pay in connection with such election his own per¬ 
sonal expenses for traveling and for purposes incidental to traveling; for writing, 
printing, preparing, and circulating any letter, circular, or other publication whereby 
he may state his position or views upon public or other questions; tor stationery and 
postage, and for telegraph, telephone, and other public service, but all such expenses 
shall be limited to those which are directly incurred and paid by him. 

Sec. 4. That every political committee coming within the provisions of this act 
shall have a treasurer and shall cause him to keep detailed accounts of all money or 
its equivalent received by or promised to the committee or any member thereof, or 
by or to any person acting under its authority or in its behalf, and of all expenditures, 
disbursements, and promises of payment or disbursement made by the committee or 
any member thereof or by any person acting under its authority or in its behalf. No 
person shall act as such treasurer unless and until he shall have filed with the Clerk 
of the House of Representatives of the United States a writing in the name and signed 
by an officer of such committee designating him as such treasurer and stating the 
period during which he is authorized and consents to act as such treasurer, and no 
person acting under the authority or in behalf of any such committee shall receive 
any money or its equivalent, or expend or disburse the same, until the committee 
shall have chosen a treasurer. 

Sec. 5. That every payment required to be accounted for by the provisions of this 
act shall, unless the total expense payable to any one person is less than five dollars, 
be vouched for by a receipted bill stating the particulars of expense, and every 
voucher, receipt, or account hereby required shall be preserved for fifteen months 
after the election to which it relates. 

Sec. 6 . That whoever acting under the authority or in behalf of such political 
committee, whether as a member thereof or otherwise, receives any contribution, 
payment, loan, advance, deposit, or promise of money, or its equivalent, shall, on 
demand, and in any event within fourteen days after the receipt of any such contri¬ 
bution, payment, loan, advance, deposit, or promise, give to the treasurer of such 
political committee a detailed account of the same, and all vouchers required by this 
act shall be a part of the accounts and files of such treasurer. 

Sec. 7. That the treasurer of every such political committee which, or the officers, 
agents, or members of which, shall receive, expend, or disburse any money or its 
equivalent, or incur any liability to pay money in connection with any election 
at which Representatives or Delegates to the Congress of the United States shall 
be voted for where the disbursements, payments, and liabilities of such committee 
shall exceed the aggregate sum of one thousand dollars, shall, within thirty days 
after such election, file with the Clerk of the House of Representatives of the Con¬ 
gress of the United States a sworn statement setting forth all the contributions, 
receipts, payments, advances, deposits, pledges of money or its equivalent, expendi¬ 
tures, disbursements, and liabilities of the committee and of every officer, member, 
or other person acting under its authority or in its behalf, which statement shall 
include the amount in each case received, the name of the person, firm, corporation, 
association, or committee from whom received, the date of its receipt, the amount 
of every expenditure or disbursement exceeding ten dollars, the name of the per¬ 
son or committee to whom it was paid, and the date thereof, and unless such 
expenditure or disbursement was made to another political committee required 
by law to file a statement of its receipts and expenditures, it shall state clearly the 
purpose of such expenditure or dibursement, also the date and amount of every 
existing promise or liability both to and from such committee remaining unfulfilled 
and in force when the statement is made, the name of the person or committee to or 
from whom the unfulfilled promise or liability exists, and a clear statement of the 
purpose for which the promise or liability was made or incurred. If the aggregate 
disbursements and liabilities of a political committee in connection with any such 
election shall not exceed one thousand dollars, the treasurer of the committee shall, 
within thirty days after the election, certify that fact under oath to the Clerk of the 
House of Representatives of the Congress of the United States. 

Sec. 8. That no person, firm, corporation, association, or committee shall, directly 
or indirectly, whether through another person or in any manner whatsoever, make 
a payment or promise of payment to any such political committee, or to any person 
or persons acting under its authority or in its behalf, in any name except his or its 
own nor shall such committee or any member thereof, or other person or persons 



PUBLICITY OF ELECTION CONTRIBUTIONS. 


13 


acting in its behalf, knowingly receive a payment or promise of payment, or enter 
or cause the same to be entered in the accounts or records of such committee in 
another name than that of the person or persons, firm, corporation, association, or 
committee by whom it is made. 

Sec. 9. That all statements required by this act shall be filed with the Clerk of 
the House of Representatives of the Congress of the United States, and shall be pre¬ 
served for fifteen months after the election to which they relate and shall be open to 
public inspection, and the Clerk of the House of Representatives of the Congress of 
the United States shall provide blank forms suitable for the statements above required. 

Sec. 10. That any district court or circuit court of the United States, or any judge 
of any district or circuit court of the United States, may, by order, which such court 
or judge is hereby authorized to make, compel any person or committee who fails to 
file a statement as above required, or who files a statement which does not con¬ 
form to the foregoing requirements in respect to its truth, sufficiency in detail, or 
otherwise, or who fails to comply with any other of the requirements or provisions 
of this act, to file a sufficient statement or to otherwise comply with the provisions 
of this act, upon the application of the Attorney-General or of a district attorney of 
the United States or upon the petition of any candidate for the office of Representa¬ 
tive or Delegate to the Congress of the United States or Presidential elector voted 
for at such election, or any ten persons qualified to vote at such election. Such 
application or petition shall set forth, upon the information and belief, with the 
grounds thereof, or upon the personal knowledge of any such applicant or petitioner, 
any failure or failures, or any act or acts tending to show any failure or failures, to 
comply with any of the provisions of this act, which may be alleged in such appli¬ 
cation or petition and shall be filed within ninety days after any election in respect 
to which the allegations of such application or petition may relate. 

Sec. 11. That proceedings under this act shall be advanced upon the request of 
either partv for speedy hearing and determination, and no proceeding had pursuant 
to any application or petition under this act shall be discontinued without the con¬ 
sent of the Attorney-General or of a district attorney within the territorial jurisdic¬ 
tion of the judge or court to whom the application or petition shall be made. 

Sec. 12. That any district court or circuit court of the United States, or any judge 
of the district or circuit courts of the United States, may, and if with any such peti¬ 
tion there be filed with such court or judge an undertaking in the sum of one thou¬ 
sand dollars, with sureties satisfactory to such court or judge, conditioned to pay such 
costs and disbursements in such proceedings, not exceeding said sum of one thousand 
dollars, as to such court or judge may seem proper in the premises, such court or 
judge must forthwith hold a summary inquest to inquire into such violations of or 
failures to comply with the provisions of this act as may be alleged in any such peti¬ 
tion, or into any other facts and circumstances relative to any such election, and to 
any contributions or expenditures made in connection therewith, and inquest into 
which such court or judge may deem necessary to secure compliance with the pro¬ 
visions of this act and the fullest publicity in connection with such contributions and 
expenditures. 

Sec. 13. That any court or judge holding such inquest may issue supamas for wit¬ 
nesses, who shall be allowed the same fees, whose attendance may be enforced in 
the same manner, and who shall be subject to the same penalties as if served with a 
subpoena in behalf of the United States in a criminal prosecution before such court 

or judge. . . 

SeC. 14. That the Attorney-General, the district attorney, or some person desig¬ 
nated by either, or bv such court or judge, shall attend the inquest and examine the 
witnesses. Such court or judge shall also have power by a subpoena duces tecum to 
compel the production before him for examination of any books or papers of any 
kind or of any other thing which he may require in the conduct of such inquiry. 
Such court or judge shall, in addition to any power which may be conferred by any 
other of the provisions of this Act, have power to cause any person who shall neglect 
or refuse to appear before him as a witness, having been duly summoned, to be 
brought before it or him; and anv person in attendance as a witness, who shall refuse 
to be sworn as a witness, or who, being sworn, shall refuse to answer any proper 
question propounded to him, and any person who, having been duly summoned, 
shall neglect or refuse to appear before such court or judge, may be adjudged guilty 
of contempt, and may be fined not more than one thousand dollars or imprisoned 
not more than thirty days, or both. . , 

Sec 15 That no person who is called to testify in any proceeding or inquest held 
under the provisions of this Act shall Ik* liable to criminal prosecution under this Act 
or otherwise for any matters or causes in respect to which he shall be examined, or 


14 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


to which his testimony shall relate, except to prosecution for perjury committed in 
such testimony, and no testimony so given or produced shall be received against him 
upon any criminal investigation or proceeding. 

Sec. 16. That the court or judge holding such inquest may in the conduct thereof 
employ a competent stenographer to take down the examination of any witness or 
witnesses, and to cause the stenographic notes of such examination to be transcribed 
and furnished, together with his findings, if any such there be, to any proper prose¬ 
cuting officer having jurisdiction of the subject-matter of such inquiry, and such 
court or judge shall have power to tax double the amount of such costs as may be 
taxed in equity against any such petitioner or petitioners, if he shall find that the 
allegations in any such petition are materially untrue, and that such petition was 
brought from vexatious or malicious motives. 

Sec. 17. That the provisions of this act shall not apply to the proprietors and pub¬ 
lishers of publications issued at regular intervals in respect to the ordinary conduct 
of their business, and nothing contained in this act shall limit or affect the right of 
any person to spend money for proper legal expenses in maintaining or contesting 
the results of any such election. 

Sec. 18. That every person making or receiving contributions, payments, loans, 
advances, deposits, or promises of money or its equivalent, or expending money for 
the purposes aforesaid contrary to the provisions of this act, or who shall fail to file 
the statements required by this act, or to account to any treasurer of such political 
committee as required by this act, or who shall willfully violate any other provision 
of this act, shall be guilty of a misdemeanor, and on conviction thereof in any dis¬ 
trict or circuit court of the United States shall be punished by imprisonment for not 
more than one year or a fine not exceeding one thousand dollars, or both, at the dis¬ 
cretion of the court. 

Sec. 19. That the district and circuit courts of the United States in any district in 
which any violation of this act is committed are hereby given jurisdiction over such 
offenses. 



VIEWS OF THE MINORITY. 


The undersigned members of the Committee on Election of the 
President, Vice-President, and Representatives in Congress, while in 
full sympathy with most of the sentiments expressed in the majority 
report, and while earnestly anxious to secure real publicity in the 
matter of campaign contributions and expenditures, are unable to agree 
with the majority of the committee in supporting the bill reported by 
that majority. 

While we would as an original proposition be inclined to doubt the 
power of Congress to legislate at all on this subject-matter, because of 
our belief that under the correct theory of our dual form of govern¬ 
ment this power is vested exclusively in the several States, still in view 
of the various decisions of the Supreme Court of the United States 
construing section 4 of Article 1 of the Constitution, we are inclined 
to believe that the power to so legislate is vested in the Congress; if 
so, we are heartily in favor of the effectual exercise of that power 
within proper limitations. 

We are earnestly and sincerely in favor of legislation providing for 
a real, thorough, publicity in the matter of campaign contributions 
and expenditures. It is, however, undoubtedly true, that under the 
decisions of the Supreme Court, that Congress has no jurisdiction, 
whatever over the time, place, and manner in which the people in thd 
several States shall select Presidential electors, and the fact that the 
Gaines bill expressly includes Presidential electors, is one of the 
grounds o£ our opposition to it. 

It is the judgment of the undersigned members of the committee, 
that Congress ought in no event to go further than to legislate along 
strictly nationaPlines, in regard to what are generally termed national 
elections only. 

Congress might well provide for thorough publicity in all campaign 
expenditures and contributions made for the immediate and primary 
purpose of securing or promoting the election of its own members, 
and then leave to the legislatures of the several States the balance of 
the held; the Congressional legislation on this subject, while drastic 
and effectual, ought always to be strictly national in its scope, it be¬ 
ing expected that the legislatures of the several States will comple¬ 
ment and complete the work. The Gaines bill violates this principle, 
which we regard as fundamental. 

The Gaines bill is so far reaching in its provisions, that every con¬ 
tribution of more than $50, and every expenditure of more than $10, 
made to secure or promote the nomination or election of every mem¬ 
ber of the State legislature, every justice of the peace, and of every 
official in every State whose election happens to come on the same day 
that Members of Congress are elected, will be included in the bill. 

In many, if not most, of the States, national, State, and county 
elections have been consolidated and are held on the same day. It is 

15 



16 


PUBLICITY OF ELECTION CONTRIBUTIONS. 


thus apparent that the most trivial matters, entirely local in their 
character, would become the subject-matter of Federal jurisdiction, 
and reports thereof would have to be made to the clerks of the district 
courts of the United States, and jurisdiction thereof would be vested 
in the courts of the United States; in other words, practically all 
campaign contributions and expenditures would be placed under the 
Federal jurisdiction, and become subject to all the complex machinery 
and elaborate provisions of the Gaines’ bill. It seems to us that this 
is a practical reduction to an absurdity. 

The bill is top-heavy, and whether or not it is the purpose of its 
sponsors to make it so extreme and far-reaching that it will not be 
able to command the support either of this House or of the people, 
such undoubtedly is the effect. Too much of a good thing sometimes 
makes it a bad thing; so with this bill. 

We think it safer to adhere strictly to national idea in legislation of 
this character, and we submit with some modification “the Fucker 
bill” (H. R. 1978) as a substitute for the bill proposed by the majority 
of the committee. 

A copy of the “Rucker bill” is appended hereto as a part of this 
report. (See p. 8.) 


W. W. Rucker. 

J. E. Ellerbe. 

Thos. W. Hardwick. 
O. W. Gillespie. 


As I earnestly favor the Rucker bill, I will vote for it as a substitute 
for the Gaines bill for the reasons above assigned. 

J. T. Watkins. 


O 






